Legal Question in Criminal Law in California
422 penal code letter
I received a letter saying that a criminal complaint has been filed against me of 422 and a copy of it will be givien to me in my first apperence. it gives me a date and time to show up to court, and i have to go to the police department for proccessing before that. my question is what happens in this court thing? should I plead guilty? i cant afford to hire a lawyer and im only 19. what should i do?
3 Answers from Attorneys
Re: 422 penal code letter
First of all, since this is a criminal offense that has the potential of a jail sentence you have a right to have an attorney represent you. If you can't afford an attorney, the court is obligated to appoint one to represent you. If you can't afford an attorney, have the public defender represent you. A 422, criminal threats, is a misdemeanor offense that has a maximum possible sentence of one year in the county jail. There is a collateral consequence of a prohibition of owning a firearm for 10 years after the conviction.
At the first court date the Judge will read the complaint against you, likely order a stay away or protective order for the alleged victim, you will be asked if you have an attorney or if you want to be referred to the public defender. You will then be given time to come back with a private attorney or the public defender.
The processing you were ordered to do before the first appearance is called booking where your fingerprints and photo will be taken.
Give yourself the best chance of a successful resolution by having an attorney represent you.
Good luck,
Re: 422 penal code letter
Terrorist threat charges are very serious. Borrow the money from your parents or do whatever you have to do to hire a lawyer or else it's likely you'll do jail time, and you'll never work again. And for God's sake don't have your Mom interview the lawyer. Just borrow the money and hire one.
Re: 422 penal code letter
You're charged with making terrorist or death threats, and you're facing possibly prison time; take it seriously and get counsel. Contact me if you want to hire private counsel, request a public defender if you can't. Follow the instructions about booking and show up at court on time.
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